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Blog Home | July 31, 2014

A Cocktail Trademark

Gosling’s Export is a two century old company from Bermuda. The company’s signature product is a rum called Black Seal. Gosling’s website, http://www.goslingsrum.com/home.asp, shares a recipe for a drink, invented in Bermuda around WWI, called the “Dark ‘N Stormy.” The “Dark ‘N Stormy” is made by filling a tall glass with ice, adding two ounces [...]

$ Reduction in European Community Trade Mark Fees $

The European Union (EU) has announced that there will be a reduction in filing fees for Community trade marks (CTM) filed after May 1, 2009.  The official registration fee of 850 EUR was eliminated while the official application fee has increased from 750 to 900 EUR.  This change will decrease the total amount for filing [...]

McDonald’s Loses Exclusivity of “Mc” in Singapore’s McCurry lawsuit

On April 27, 2009,  in Malaysia, McDonald’s lost an infringement lawsuit against the Malaysian fast food outlet McCurry.  The Malaysian Court of Appeals ruled that McDonald’s did not have exclusive rights to the “Mc” prefix.  Justice Gopal Sri Ram of the Appellate Court found that the High Court erred in assuming McDonald’s could have a [...]

Are Those Oranges Really From Florida?: Certification Marks and Geographical Indicators

A Mercedes-Benz logo on the steering wheel of a new car or two golden arches on a box of french fries are certainly examples of popular trademarks, which identify the source of a good and also identify certain qualities and characteristics the brand has developed for that good. A small orange tree logo above the [...]

Design Patents

Frequently, inventions are more than just an apparatus, but are also valuable for their unique visual attributes. In some instances, visual attributes alone may be protected with a patent, even if not part of a working device. In the United States, a utility patent may be granted to protect the way an article is used [...]

EBay Targeted for the Sale of Counterfeit Goods

Only a week after eBay lost a similar case in the French courts to LVMH Moet Hennessy Louis Vuitton, owner of famous luxury brands such as Fendi, Dior and Marc Jacobs, eBay prevailed in a lawsuit brought by Tiffany & Co. for the sale of counterfeit Tiffany silver jewelry on its popular website. Tiffany alleged [...]

Trademark ‘Genericide’

A trademark suffers “genericide” when the trademark becomes used for all similar products or services, rather than just the product or service of a specific source. Familiar examples of genericized trademarks are Aspirin, Cellophane, Crock Pot, Dry Ice, Escalator, Pilates, Trampoline, and Zipper. Genericide typically occurs when the products or services with which a trademark [...]

Beijing 2008: Encouraging IP Enforcement

Since 1914, the Olympic logo, having five interlocking rings that represent five continents, has been displayed by the International Olympic Committee in each host country to promote the Olympic games. This summer, Beijing will have the opportunity to use the logo along with the Olympic motto and mascots (pictured above) to market and promote the [...]

Rights to the "Zhirinovsky" Mark For Sale in Russia

Who is Zhirinovsky? Vladimir Zhirinovsky is the founder and leader of the Liberal Democratic Party of Russia, Vice-Chairman of the State Duma, and a member of the Parliamentary Assembly of the Council of Europe. For 77 million rubles, approximately three million dollars, you can buy the right to the “Zhirinovsky” mark to stick on a [...]

Google in the News Again

Recently, Google was involved in a trademark infringement suit with American Blind and Wallpaper Factory, as noted in this blog. Google is back in the news again, but this time involving their email system known as “Gmail.” Since its inception in 2004, Gmail has been steadily gaining popularity over its other competitors within the United [...]